What Is Constitution Of India Article 31?

Constitution Of India Article 31A: Saving of Laws Providing for Acquisition of Estates, etc.

[Compulsory acquisition of property.]—Omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 6 (w.e.f. 20-6-1979).

3[Saving of Certain Laws]

4[31A. Saving of laws providing for acquisition of estates, etc.]

5[(1) Notwithstanding anything contained in article 13, no law providing for—

• (a) the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights, or
• (b) the taking over of the management of any property by the State for a limited period either in the public interest or in order to secure the proper management of the property, or
• (c) the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or
• (d) the extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of shareholders thereof, or

(e) the extinguishment or modification of any rights accruing by virtue of any agreement, lease or licence for the purpose of searching for, or winning, any mineral or mineral oil, or the premature termination or cancellation of any such agreement, lease or licence, shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by ¹[article 14 or article 19]:

Provided that where such law is a law made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent:

²Provided further that where any law makes any provision for the acquisition by the State of any estate and where any land comprised therein is held by a person under his personal cultivation, it shall not be lawful for the State to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall not be less than the market value thereof.

(2) In this article,—

³(a) the expression estate shall, in relation to any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenures in force in that area and shall also include—

• (i) any jagir, inam or muafi or other similar grant and in the States of 4[Tamil Nadu] and Kerala, any janmam right;
• (ii) any land held under ryotwari settlement;
• (iii) any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans;

(b) the expression rights , in relation to an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenureholder, ¹[raiyat, under-raiyat] or other intermediary and any rights or privileges in respect of land revenue.

²31B. Validation of certain Acts and Regulations.—Without prejudice to the generality of the provisions contained in article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this Part, and notwithstanding any judgment, decree or order of any court or Tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to repeal or amend it, continue in force.

³31C. Saving of laws giving effect to certain directive principles.— Notwithstanding anything contained in article 13, no law giving effect to the policy of the State towards securing ⁴[all or any of the principles laid down in Part IV] shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by ⁵[article 14 or article 19;] ⁶and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy]:

Provided that where such law is made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent.

7^D. [Saving of laws in respect of anti-national activities.]—Omitted by the Constitution (Forty-third Amendment) Act,1977, s. 2 (w.e.f. 13-4-1978).

NOTE

1. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 4 (w.e.f. 20-6-1979).
2. Sub-heading Right to Property omitted by s. 5, ibid. (w.e.f. 20-6-1979).
3. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 3 (w.e.f. 3-1-1977).
4. Ins. by the Constitution (First Amendment) Act, 1951, s. 4 (with retrospective effect).
5. Subs. by the Constitution (Fourth Amendment) Act, 1955, s. 3, for cl. (1) (with retrospective effect).

1. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 7, for article 14, article 19 or article 31 (w.e.f. 20-6-1979).
2. Ins. by the Constitution (Seventeenth Amendment) Act, 1964, s. 2(i) (w.e.f. 20-6-1964).
3. Subs. by s.2(ii), ibid., for sub-clause (a) (with retrospective effect).
4. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 4, for Madras (w.e.f. 14-1-1969).

1. Ins. by the Constitution (Fourth Amendment) Act, 1955, s. 3 (with retrospective effect).
2. Ins. by the Constitution (First Amendment) Act, 1951, s. 5 (w.e.f. 18-6-1951).
3. Ins. by the Constitution (Twenty-fifth Amendment) Act, 1971, s. 3 (w.e.f. 20-4-1972).
4. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 4, for the principles specified in clause (b) or clause (c) of article 39 (w.e.f. 3-1-1977). Section 4 has been declared invalid by the Supreme Court in Minerva Mills Ltd. and Others Vs Union of India and Others, AIR 1980 SC 1789.
5. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 8, for article 14, article 19 or article 31 (w.e.f. 20-6-1979).
6. The words in italics struck down by the Supreme Court in Kesavananda Bharati vs. State of Kerala, AIR 1973, SC 1461.
7. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 5 (w.e.f. 3-1-1977).

Brief Detail

Article 31A ensures the protection of laws that deal with the acquisition of estates or the modification/extinguishment of rights in them. It safeguards state actions regarding property acquisition and management from being challenged for violating fundamental rights under Articles 14 and 19, provided certain conditions are met.

Question & Answers

What is the purpose of Article 31A?

It protects laws related to land reforms, property acquisition, and management from being invalidated for violating fundamental rights under Articles 14 and 19.

Does Article 31A apply to all laws passed by State Legislatures?

No, Article 31A applies to State laws only if they have been reserved for the President's consideration and have received his assent.

Example

A State enacts a law for acquiring large estates to distribute land to landless farmers. Even if this law appears to violate Article 19 (right to property), it will be protected under Article 31A.

Summary

Article 31A provides constitutional protection to specific laws related to property acquisition and land reforms, ensuring that such laws cannot be challenged as unconstitutional under Articles 14 and 19.